East Riding of Yorkshire Council (25 021 308)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 14 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a planning application because there is a right of appeal to Planning Inspector.
The complaint
- Mr X complains that the Council failed to properly consider his planning application
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
- The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
- Delay – usually over eight weeks – by an authority in deciding an application for planning permission
- A decision to refuse planning permission
- Conditions placed on planning permission
- A planning enforcement notice.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a planning application in 2024 for exterior work to his property. The planning application was refused because of the effect upon the area.
- Mr X argues that he should have been allowed to submit further evidence to support his planning application.
- Mr X had a right of appeal to a Planning Inspector who can consider the merits of the original planning application. I see no reason why such an appeal could not have been made and so the complaint is out of jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because he had a right of appeal to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman